CESSATION
OF HOSTILITIES
FRAMEWORK
AGREEMENT BETWEEN
GOVERNMENT
OF THE REPUBLIC OF INDONESIA
AND
THE FREE ACHEH MOVEMENT
Preamble
The Government
of the Republic of Indonesia (GOI) and the Free Acheh Movement (GAM) have
been engaged in a process of dialogue since January 2000 and concur that
the priority in Acheh is the security and welfare of the people and therefore
agree on the need for finding an immediate peaceful solution to the conflict
in Acheh. On 10 May 2002, the GOI and GAM issued a Joint Statement set
out below:
1.
On the basis of the acceptance of the NAD Law as a starting point, as discussed
on 2-3 February 2002, to a democratic all-inclusive dialogue involving
all elements of Achehnese society that will be facilitated by HDC in Acheh.
This process will seek to review elements of the NAD Law through the expression
of the views of the Achehnese people in a free and safe manner. This will
lead to the election of a democratic government in Acheh, Indonesia.
2.
To enable this process to take place both parties agree to work with all
speed on an agreement on cessation of hostilities with an adequate mechanism
for accountability of the parties to such an agreement. This will also
provide the opportunity and environment for much needed socio-economic
and humanitarian assistance to the people of Acheh.
The GOI
and GAM share the common objective to meet the aspirations of the people
of Acheh to live in security with dignity, peace, prosperity, and justice.
In order to meet the aspirations of the people of Acheh and permit them
to administer themselves freely and democratically, the GOI and GAM agree
to a process which leads to an election in 2004 and the subsequent establishment
of a democratically elected government in Acheh, Indonesia, in accordance
with the review of the NAD Law, as provided for in point 1 of the 10 May
2002 Joint Statement.
To this
end, the GOI will ensure and GAM will support the development of a free
and fair electoral process in Acheh, which will be designed to ensure the
broadest participation of all elements of Achehnese society.
In light
of the delicate nature of the confidence building process, the GOI and
GAM further appeal for the support of all elements of society and request
that no party undertake any action which is inconsistent with this Agreement
and may jeopardize the future security and welfare of the people of Acheh.
The immediate
requirement is to ensure the cessation of hostilities and all acts of violence,
including, intimidation, destruction of property and any offensive and
criminal action. Offensive and criminal action is deemed to include violent
actions such as attacking, shooting, engaging in torture, killing, abducting,
bombing, burning, robbing, extorting, threatening, terrorising, harassing,
illegally arresting people, raping, and conducting illegal searches.
Throughout
the peace process the maintenance of law and order in Acheh will continue
to be the responsibility of the Indonesian Police (Polri). In this context,
the mandate and mission of Brimob will be reformulated to strictly conform
to regular police activities and as such will no longer initiate offensive
actions against members of GAM not in contravention of the Agreement.
The JSC
will be the point of reference for all complaints regarding police functions
and action that are deemed to be in contravention of the spirit and letter
of the Cessation of Hostilities (COH) Agreement. As such, the JSC will
be responsible for defining, identifying and investigating when and if
the police have breached their mandate.
With this
general understanding, and to bring the peace process forward to the next
phase, both parties hereby agree on the following:
Article
1: Objectives of the Cessation of Hostilities and All Acts of Violence
a) Since
both sides have thus agreed that, from now on, enmity between them should
be considered a thing of the past, the peace process, which is continued
by an agreement on this phase, will proceed by building further confidence
and both sides will prove to each other that they are serious about achieving
this ultimate common objective.
b) The
objectives of the cessation of hostilities and all acts of violence between
both parties are (i) to proceed to the next phase of the peace process,
as mutually agreed on 10 May 2002 in Switzerland; (ii) to continue the
confidence building process with a view to eliminating all suspicions and
creating a positive and co-operative atmosphere which will bring the conflict
in Acheh to a peaceful conclusion; and, (iii) to enable, provided hostilities
and all acts of violence cease, for the peace process to proceed to the
next phases, i.e. the delivery of humanitarian, rehabilitation and reconstruction
assistance.
Article
2: Commitment by Both Sides to Cease Hostilities and All Acts of Violence
a) Both
sides explicitly express their commitment to meet the terms of this Agreement
to cease hostilities and all forms of violence toward each other and toward
the people in Acheh, by implementing the steps stipulated in this Agreement.
In expressing such commitment, both sides guarantee that they are in full
control of, respectively, TNI/Polri and GAM forces on the ground. GOI and
GAM commit to control those groups that do not share their objectives but
claim to be part of their forces.
b) Both
sides further commit themselves to immediately after the signing of this
Agreement to thoroughly inform their respective forces on the ground of
the terms of this Agreement, and to instruct them to cease hostilities
immediately.
c) Both
sides agree that, should there be other parties taking advantage of the
situation and disturbing the peaceful atmosphere, they will endeavour to
take joint action against them to restore the peace.
d) During
this confidence-building period, both sides agree that they will not increase
their military strength, which includes re-deployment of forces, increase
in military personnel or military equipment into Acheh.
e) HDC
is requested to strictly facilitate the implementation of this Agreement.
f) Both
parties will allow civil society to express without hindrance their democratic
rights.
Article
3: Joint Security Committee (JSC)
a) The
senior leadership in charge of security from each side will meet, in order
to establish the initial contact and understanding between both sides.
They should also (i) reactivate the Joint Security Committee (JSC), which
was established during the implementation of the Humanitarian Pause, and
(ii) commence discussion, in order to reach agreement expeditiously, on
a plan of action for the JSC in discharging its duties.
b) The
functions of JSC are: (i) to formulate the process of implementation of
this Agreement; (ii) to monitor the security situation in Acheh; (iii)
to undertake full investigation of any security violations; (iv) in such
cases, to take appropriate action to restore the security situation and
to agree beforehand on the sanctions to be applied, should any party violate
this Agreement; (v) to publish weekly reports on the security situation
in Acheh; (vi) to ensure that no new paramilitary force is created to assume
previous functions of Brimob, and (vii) to design and implement a mutually
agreed upon process of demilitarisation. Regarding this last task, the
JSC will designate what will be called Peace Zones (see Art. 4(a)). After
peace zones have been identified, the GAM will designate placement sites
for its weapons. Two months after the signing of the COH and as confidence
grows, GAM will begin the phased placement of its weapons, arms and ordinance
in the designated sites. The JSC will also decide on a simultaneous phased
relocation of TNI forces which will reformulate their mandate from a strike
force to a defensive force. The GOI has the right to request HDC to undertake
no-notice verification of the designated sites. With the growth in confidence
of both parties in the process the phased placement of GAM weapons will
be completed within a period of five months (see attached note).
c) The
composition of JSC will be senior officials appointed as representatives
of the GOI and the GAM and a senior third party personality of high standing
agreed upon by both sides. Each senior official from the three parties
are to be accompanied by up to four persons as members. The heads of delegations
from both sides have to be senior and have the authority to be able to
take decisions on the spot.
The third
party (HDC) personality needs to be able to command the respect and high
regard of both sides in order to be able to assist in resolving problems,
as they arise.
d) In order
to perform these functions, the JSC is to be assisted by a monitoring team
or monitoring teams, which would be provided security guarantees by both
sides in monitoring the security situation and in investigating any violation.
e) The
composition of each of the monitoring teams are appointed officials as
representatives of the High Command of the security forces of the GOI and
the High Command of the forces of the GAM in Acheh and a senior third party
military officer agreed upon by both sides reporting to the senior third
party personality of high standing in the JSC.
f) JSC
and the monitoring team(s) would be provided with the necessary technical
and administrative staff and logistical support. The HDC is requested to
facilitate the establishment of these bodies by providing the necessary
funds, logistical and administrative facilities.
g) It is
agreed upon that the JSC and the monitoring team(s) will be established
and be operational within one month of the signing of this Agreement. Civil
society has the right to provide inputs to the JSC.
Article
4: Establishment of "Peace Zones"
a) Following
the signing of the COH Agreement, the JSC, with the direct participation
of the senior leadership for security from both sides, will immediately
identify and prepare locations of conflict to be designated as "Peace Zones".
This would facilitate considerably the work of the JSC since it could focus
its attention on these areas in establishing and maintaining security,
and these zones, provided peace could be established, will be the focus
of the initial humanitarian, rehabilitation and reconstruction assistance.
b) For
the first two months after the signing, both parties will relocate to defensive
positions as agreed upon by the JSC. Adjustments to these locations could
be made by the JSC in order to separate the forces of both parties with
sufficient distance to avoid contact or confrontation. Forces of both parties
will refrain from operations, movements, activities or any provocative
acts that could lead to contact or confrontation with each other.
c) In order
to build trust and confidence during these crucial months, these zones
and surroundings will be monitored by the tripartite monitoring teams.
The JSC will be informed by both parties of any significant movements or
activities in these areas.
d) POLRI
will be able to investigate criminal activities in these areas in consultation
with the JSC.
e) The
designation of identified areas of demilitarised zones such as schools,
mosques, health institutions and public places, bazaars, Achehnese meunasahs,
market-places, foodstalls, communication centres including bus-terminals,
taxi-stations, ferry-terminals, public roads, river transportation services,
and fishing ports.
Article
5: Time Frames
a) Both
sides agree that hostilities and all acts of violence by both sides should
cease forever in Acheh.
b) Both
sides also agree that hostilities and all acts of violence during the first
three months from the time when the JSC and the monitoring team(s) become
operational are very crucial as indicator of the seriousness of the commitment
from both sides. If indeed hostilities and all acts of violence could decrease
dramatically, or even cease altogether, during this first three month period,
the Achehnese and other Indonesian people, and the international community,
would consider that the peace process would most likely succeed.
c) During
the period between the signing of this Agreement and the time when the
JSC and the monitoring team(s) become operational, both signatories to
this Agreement commit themselves to exercise the utmost restraint by not
making any public statement that would inflame the feeling and sentiment
of the other side, including the people, and by ensuring that their forces
will not initiate any hostile act toward the other.
Article
6: All-Inclusive Dialogue
The parties
agree to support the process of All-Inclusive Dialogue in Acheh as provided
for in the Joint Statement of 10 May 2002. The parties agree to ensure,
through this Agreement, the necessary security and freedom of movement
for all participants in the All-Inclusive Dialogue to enable the process
to be conducted in a safe and fair manner, reflecting the views of all
elements of Achehnese society. The parties reconfirm their agreement that
the process of All-Inclusive Dialogue be facilitated by HDC.
Article
7: Public Information and Communications
a) To ensure
national and international support for the peace process in Acheh, the
Agreement of 10 May 2002, and this Agreement and its implementation have
to be publicised as widely as possible within one month of the signing
of this Agreement. The process of implementation has to be as transparent
as possible and the people have to be regularly informed of the progress
made and difficulties encountered.
b) Communications
to the public will be given priority, especially through the print and
electronic media. Television and radio programmes have to be devised to
enable obtaining inputs from the general public provided that they are
conducted in a fair and balanced manner. The JSC remains the final reference
on this matter.
c) Other
media, such as community meetings, seminars, flyers, bumper stickers, T-shirts,
and others could also be considered, as appropriate.
d) The
HDC is requested to look for sources of funding these public information
and communication activities.
Article
8: Joint Council
A Joint
Council will be established, composed of the most senior representatives
of the GOI and the GAM, and of the third party (HDC). The function of this
Joint Council will be to resolve all issues or disputes arising out of
the implementation of this Agreement, which cannot be resolved by other
Committees or Structures established under this Agreement. The Joint Council
may amend the articles and provisions of this Agreement.
Article
9: Amendment or Termination
This Agreement
may only be amended by agreement between the two parties in the Joint Council.
Should either party wish to unilaterally terminate the Agreement then they
are obligated to first bring the issue to the Joint Council and engage
in and support all efforts by the Joint Council to resolve the problem
within a sufficient period of time (no less than 30 days). If the Joint
Council is unable to resolve the matter, then either party has the right
to unilaterally withdraw from the Agreement.
For the Government
For the Leadership
of the Republic of Indonesia
of the Free Acheh Movement
Amb. Mr. S. Wiryono
Dr. Zaini Abdullah
Witnessed
by
Henry
Dunant Centre
for Humanitarian
Dialogue (HDC)
Mr. Martin
Griffiths
Contact: Ramadansyah Hasan Tlp +41-22
3383350 - Fax +41-22 3455733 - e-mail:
hasan.ramadansyah@ties.itu.int- web site http://www3.itu.int/MISSIONS/Indonesia
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